Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Objections - Limitation - Three months - Period can be extended for a further period of thirty days on showing sufficient cause and not thereafter - Use of words "but not thereafter" in the proviso makes it clear that extension cannot be beyond thirty days...........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 14 -- Arbitration award - Objections - Delay of 131 days in filing application even after getting benefit of S.14 of Limitation Act - That is beyond strict time line prescribed in S.34(3) of the Arbitration Act - Delay of 131 days cannot be condoned...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Objections - Condonation of delay - Administrative difficulties not a valid reason to condone delay above and beyond the statutory prescribed period u/s 34 of Arbitration Act...........
Arbitration and Conciliation Act, 1996, Section 11(6), 12(5) -- Appointment of arbitrator - Named arbitrator employee of one of the parties - Not ipso facto ground to raise presumption of bias or lack of independence on his part...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of an arbitrator - Challenge as to - Said issue has to be raised before the arbitrator himself at the first instance...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Challenge as to - Any challenge regarding appointment of arbitrator as per terms of agreement between parties must be viewed in context of agreement between the parties...........
Arbitration and Conciliation Act, 1996, Section 11(6), 26 -- Appointment of arbitrator - Challenge as to - Applicability of Amendment Act, 2015 - Arbitration proceedings commenced way back in 2013, much prior to coming into force of Amendment Act, 2015, therefore, provision of amended Act, 2015 cannot be invoked as Amendment Act, 2015 apply in relation to arbitral..........
Arbitration and Conciliation Act, 1996, Section 11(6), 26 -- Appointment of arbitrator - Challenge as to - Applicability of Amendment Act, 2015 - General conditions of contract cannot be taken to be agreement between parties so as to apply provisions of amended Act...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Challenge as to - Arbitrator appointed as per agreement and as per provisions of law - Once arbitrator is appointed at instance of government/as per agreement, then arbitration agreement cannot be invoked for second time...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of sole arbitrator - Challenge as to - When parties have specifically agreed for appointment of sole arbitrator, then no party has right to approach High Court seeking appointment of independent arbitrator...........
